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(영문) 서울중앙지방법원 2018.06.27 2018고단618
폭력행위등처벌에관한법률위반(상습폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On April 5, 2012, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Central District Court on April 5, 2012, and on June 27, 2014, the above court was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.). On April 13, 2017, the above court was sentenced to six months of imprisonment with prison labor for an injury and completed the execution of the sentence in the Ansan Prison on September 13, 2017.

[ 범죄사실] 피고인은 2018. 1. 16. 16:15 경 서울 종로구 종로 17길 41 탑 골공원 북문 앞 노상에서 피해자 C(74 세) 과 술을 마시던 중 피해자 D(53 세) 이 합 석하였다는 이유로 피해자 C과 시비가 되어 말다툼을 하던 중 화가 나 피해자 C의 멱살을 잡고 피해자 C의 얼굴을 주먹으로 2~3 회 때렸으며, 잠시 후 피해자 D이 빈정댄다는 이유로 화가 나 피해자 D의 얼굴을 발로 2회 걷어찼다.

Accordingly, the defendant was sentenced to imprisonment more than twice due to the crime of injury, and assaulted victims during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Previous convictions: Application of a written inquiry about criminal history, a written investigation report (the criminal records of the same end and the criminal records of the same end and the same repeated crime period), and statutes;

1. Article 2 (3) 1 and Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning a crime; Article 260 (1) of the Criminal Act

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of recommended punishment in accordance with the sentencing guidelines] [the grounds for sentencing] the basic area (from June to January 10), such as the defendant's age, sex, family relation, family environment, motive for and means of the crime, circumstances after the crime, etc., shall be comprehensively taken into account the sentencing conditions specified in the trial process of this case, including the defendant's age, sex, family relation, family relation, family environment, motive for and means of the crime, etc., within the scope of the recommended punishment.

The favorable circumstances: ......

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